A K SULTHAN Vs. DIRECTOR OF PANCHAYATHS; DEPUTY DIRECTOR OF PANCHAYATHS; STATE OF KERALA; ELAPPULLY GRAMA PANCHAYATH COUNCIL; Y M ABOOBACKER

JUDGEMENT

(1.) The petitioner is working as Secretary of the Elappully Grama Panchayat. The Panchayat passed a resolution dated 12/08/2009 recommending to transfer the petitioner from the Panchayat, and that was forwarded to the Deputy Director. The Deputy Director rejected the same by Ext.R4(d) dated 23/09/2009 pointing out that the resolution was passed in contravention of the provisions contained under Section 179(4) of the Panchayat Raj Act. However, before Ext.R4(d), the Panchayat passed yet another resolution dated 09/09/2009, a copy of which is Ext.P1.

(2.) At the stage of admission, by order dated 09/10/2009, this Court granted an order requiring the authorities to maintain status quo and it is stated that on that basis, the petitioner is still continuing at Elappully Grama Panchayat.

(3.) A counter affidavit has been filed by the Panchayat justifying the resolution it has passed.